Bill Text: NY A02607 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law, in relation to establishing a bill of rights for residents in continuing care retirement communities
Sponsorship: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2010-03-02 - enacting clause stricken [A02607 Detail]
Download: New_York-2009-A02607-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2607
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. RABBITT, RAIA, HAWLEY, FINCH -- Multi-Sponsored
by -- M. of A. WALKER, WEISENBERG -- read once and referred to the
Committee on Aging
AN ACT to amend the public health law, in relation to establishing a
bill of rights for residents in continuing care retirement communities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 4603-b to read as follows:
3 S 4603-B. RIGHTS OF RESIDENTS IN CONTINUING CARE RETIREMENT COMMUNI-
4 TIES. 1. THE PRINCIPLES ENUNCIATED IN SUBDIVISION THREE OF THIS SECTION
5 ARE DECLARED TO BE THE PUBLIC POLICY OF THE STATE AND A COPY OF SUCH
6 STATEMENT OF RIGHTS AND RESPONSIBILITIES SHALL BE POSTED CONSPICUOUSLY
7 IN A PUBLIC PLACE IN EACH COMMUNITY COVERED HEREUNDER.
8 2. THE COMMISSIONER SHALL REQUIRE THAT EVERY CONTINUING CARE RETIRE-
9 MENT COMMUNITY, AS DEFINED IN SUBDIVISION TWO-B OF SECTION FORTY-SIX
10 HUNDRED ONE OF THIS ARTICLE, SHALL ADOPT AND MAKE PUBLIC A STATEMENT OF
11 THE RIGHTS AND RESPONSIBILITIES OF THE RESIDENTS WHO ARE RECEIVING CARE
12 IN SUCH COMMUNITIES, AND SHALL TREAT SUCH RESIDENTS IN ACCORDANCE WITH
13 THE PROVISIONS OF SUCH STATEMENT.
14 3. SAID STATEMENT OF RIGHTS AND RESPONSIBILITIES SHALL INCLUDE, BUT
15 NOT BE LIMITED TO THE FOLLOWING:
16 A. EVERY RESIDENT'S CIVIL AND RELIGIOUS LIBERTIES, INCLUDING THE RIGHT
17 TO INDEPENDENT PERSONAL DECISIONS AND KNOWLEDGE OF AVAILABLE CHOICES,
18 SHALL NOT BE INFRINGED AND THE COMMUNITY SHALL ENCOURAGE AND ASSIST IN
19 THE FULLEST POSSIBLE EXERCISE OF THESE RIGHTS.
20 B. EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVATE COMMUNICATIONS
21 AND CONSULTATIONS WITH HIS OR HER PHYSICIAN, ATTORNEY, AND ANY OTHER
22 PERSON.
23 C. EVERY RESIDENT SHALL HAVE THE RIGHT TO PRESENT GRIEVANCES ON BEHALF
24 OF HIMSELF OR HERSELF OR OTHERS, TO THE COMMUNITY'S STAFF OR ADMINISTRA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05808-02-9
A. 2607 2
1 TOR, TO GOVERNMENTAL OFFICIALS, OR TO ANY OTHER PERSON WITHOUT FEAR OF
2 REPRISAL, AND TO JOIN WITH OTHER RESIDENTS OR INDIVIDUALS WITHIN OR
3 OUTSIDE OF THE COMMUNITY TO WORK FOR IMPROVEMENTS IN RESIDENT CARE.
4 D. EVERY RESIDENT SHALL HAVE THE RIGHT TO MANAGE HIS OR HER OWN FINAN-
5 CIAL AFFAIRS, OR TO HAVE AT LEAST A QUARTERLY ACCOUNTING OF ANY PERSONAL
6 FINANCIAL TRANSACTIONS UNDERTAKEN IN HIS OR HER BEHALF BY THE COMMUNITY
7 DURING ANY PERIOD OF TIME THE RESIDENT HAS DELEGATED SUCH RESPONSIBIL-
8 ITIES TO THE COMMUNITY.
9 E. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE ADEQUATE AND APPRO-
10 PRIATE MEDICAL CARE, TO BE FULLY INFORMED OF HIS OR HER MEDICAL CONDI-
11 TION AND PROPOSED TREATMENT UNLESS MEDICALLY CONTRAINDICATED, AND TO
12 REFUSE MEDICATION AND TREATMENT AFTER BEING FULLY INFORMED OF AND UNDER-
13 STANDING THE CONSEQUENCES OF SUCH ACTIONS.
14 F. EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVACY IN TREATMENT
15 AND IN CARING FOR PERSONAL NEEDS, CONFIDENTIALITY IN THE TREATMENT OF
16 PERSONAL AND MEDICAL RECORDS, AND SECURITY IN STORING PERSONAL
17 POSSESSIONS.
18 G. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE COURTEOUS, FAIR, AND
19 RESPECTFUL SERVICE AND CARE AND A WRITTEN STATEMENT OF THE SERVICES
20 PROVIDED BY THE COMMUNITY, INCLUDING THOSE REQUIRED TO BE OFFERED ON AN
21 AS-NEEDED BASIS.
22 H. EVERY RESIDENT SHALL BE FREE FROM MENTAL AND PHYSICAL ABUSE AND
23 FROM PHYSICAL AND CHEMICAL RESTRAINTS, EXCEPT THOSE RESTRAINTS AUTHOR-
24 IZED IN WRITING BY A PHYSICIAN FOR A SPECIFIED AND LIMITED PERIOD OF
25 TIME OR AS ARE NECESSITATED BY AN EMERGENCY IN WHICH CASE THE RESTRAINT
26 MAY ONLY BE APPLIED BY A QUALIFIED LICENSED NURSE WHO SHALL SET FORTH IN
27 WRITING THE CIRCUMSTANCES REQUIRING THE USE OF RESTRAINT AND IN THE CASE
28 OF USE OF A CHEMICAL RESTRAINT A PHYSICIAN SHALL BE CONSULTED WITHIN
29 TWENTY-FOUR HOURS.
30 I. A STATEMENT OF THE COMMUNITY'S REGULATIONS AND AN EXPLANATION OF
31 THE RESIDENT'S RESPONSIBILITY TO OBEY ALL REASONABLE REGULATIONS OF THE
32 COMMUNITY AND TO RESPECT THE PERSONAL RIGHTS AND PRIVATE PROPERTY OF THE
33 OTHER RESIDENTS.
34 J. A STATEMENT THAT SHOULD THE RESIDENT BE ADJUDICATED INCOMPETENT AND
35 NOT BE RESTORED TO LEGAL CAPACITY, OR IF A CONSERVATOR SHOULD BE
36 APPOINTED FOR THE RESIDENT, THE ABOVE RIGHTS AND RESPONSIBILITIES SHALL
37 BE EXERCISED BY THE APPOINTED COMMITTEE OR CONSERVATOR IN A REPRESEN-
38 TATIVE CAPACITY.
39 K. EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE UPON REQUEST KOSHER
40 FOOD OR FOOD PRODUCTS PREPARED IN ACCORDANCE WITH THE ORTHODOX JEWISH
41 RELIGIOUS REQUIREMENTS.
42 L. PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSUL-
43 TATION WITH THE DIRECTOR OF THE OFFICE FOR THE AGING, NO COMMUNITY SHALL
44 RESTRICT OR PROHIBIT ACCESS TO THE MEDICAL OR PERSONAL RECORDS OF ANY
45 RESIDENT IF SUCH RESIDENT, OR, WHERE APPROPRIATE, COMMITTEE FOR AN
46 INCOMPETENT, HAS GIVEN EXPRESS WRITTEN CONSENT TO SUCH DISCLOSURE;
47 PROVIDED, HOWEVER, THAT (I) IN THE CASE OF MEDICAL RECORDS, DISCLOSURE
48 MAY BE EXCLUSIVE OF THE PERSONAL NOTES OF THE PHYSICIAN AS DEFINED IN
49 SUCH REGULATIONS AND (II) ACCESS MAY BE LIMITED TO SUCH TIMES AS MAY BE
50 SPECIFIED IN SUCH REGULATIONS. SUCH RECORDS SHALL BE MADE AVAILABLE BY A
51 MEMBER OR MEMBERS OF THE COMMUNITY'S STAFF WHO SHALL BE DESIGNATED BY
52 THE COMMUNITY TO PROVIDE ACCESS TO AND, WHERE NECESSARY, INTERPRETATION
53 OF SUCH RECORDS. THE COMMUNITY MAY CHARGE A REASONABLE FEE FOR PHOTOCO-
54 PYING PURSUANT TO SUCH REGULATIONS. NOTHING IN THIS PARAGRAPH SHALL BE
55 CONSTRUED TO LIMIT OR ABRIDGE ANY RIGHT OF ACCESS TO RECORDS, INCLUDING
56 FINANCIAL RECORDS.
A. 2607 3
1 M. EVERY RESIDENT SHALL HAVE THE RIGHT TO AUTHORIZE THOSE FAMILY
2 MEMBERS AND OTHER ADULTS WHO WILL BE GIVEN PRIORITY TO VISIT CONSISTENT
3 WITH THE RESIDENT'S ABILITY TO RECEIVE VISITORS.
4 N. A STATEMENT INFORMING THE RESIDENT OF HIS OR HER RIGHT TO MAKE
5 ORGAN, TISSUE OR WHOLE BODY DONATIONS, AND THE MEANS BY WHICH THE RESI-
6 DENT MAY MAKE SUCH A DONATION. THE COMMISSIONER SHALL PROMULGATE ANY
7 RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
8 PARAGRAPH.
9 4. EACH COMMUNITY SHALL GIVE A COPY OF THE STATEMENT TO EACH RESIDENT
10 AT OR PRIOR TO THE TIME OF ADMISSION TO THE COMMUNITY, OR TO THE
11 APPOINTED PERSONAL REPRESENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH
12 MEMBER OF THE COMMUNITY'S STAFF.
13 5. EACH COMMUNITY SHALL PREPARE A WRITTEN PLAN AND PROVIDE APPROPRIATE
14 STAFF TRAINING TO IMPLEMENT EACH RESIDENT'S RIGHT INCLUDED IN THE STATE-
15 MENT.
16 S 2. This act shall take effect on the ninetieth day after it shall
17 have become a law; provided, however, that effective immediately, the
18 addition, amendment and/or repeal of any rule or regulation necessary
19 for the implementation of this act on its effective date are authorized
20 and directed to be made and completed on or before such effective date.
